Adtrans Truck Centre Pty Ltd

[2021] FWCA 6038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adtrans Truck Centre Pty Ltd
(AG2021/7365)

ADTRANS TRUCK CENTRE PTY LTD - LAVERTON NORTH AND THE AMWU - VEHICLE MEMBERSHIP AREA ENTERPRISE AGREEMENT 2021

Vehicle industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 SEPTEMBER 2021

Application for approval of the Adtrans Truck Centre Pty Ltd - Laverton North and the AMWU - Vehicle Membership Area Enterprise Agreement 2021

[1] Adtrans Truck Centre Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Adtrans Truck Centre Pty Ltd - Laverton North and the AMWU - Vehicle Membership Area Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 September 2021 and, in accordance with s 54, will operate from 6 October 2021. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adtrans Truck Centre Pty Ltd was involved in a legal dispute, with the application for approval of the Adtrans Truck Centre Pty Ltd - Laverton North and the AMWU - Vehicle Membership Area Enterprise Agreement 2021. The matter was heard in the Fair Work Commission, which is the primary workplace relations tribunal in Australia. The dispute centred on whether the proposed enterprise agreement, negotiated between Adtrans Truck Centre Pty Ltd and the Australian Manufacturing Workers' Union, complied with the requirements of the Fair Work Act 2009.

The court was required to determine whether the agreement was in the best interests of the employees and if it met the procedural and substantive requirements set out in the Fair Work Act 2009. This included assessing if the agreement was made in good faith, if it contained appropriate terms and conditions, and if the negotiation process was fair and balanced. The court also had to consider whether the agreement provided a safety net for employees and if it was consistent with the national minimum standards.

The Fair Work Commission found that the proposed enterprise agreement was in the best interests of the employees, and it met all the necessary requirements. The agreement contained appropriate terms and conditions that were fair and balanced, and it provided a safety net for employees. The court was satisfied that the negotiation process was conducted in good faith and that the agreement was consistent with the national minimum standards. Therefore, the Fair Work Commission approved the Adtrans Truck Centre Pty Ltd - Laverton North and the AMWU - Vehicle Membership Area Enterprise Agreement 2021.

The final orders of the Fair Work Commission were that the proposed enterprise agreement be approved and registered under the Fair Work Act 2009. This decision ensures that the employees of Adtrans Truck Centre Pty Ltd will be covered by the terms and conditions outlined in the agreement, and it provides a framework for the ongoing relationship between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established